Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-10 - WATER RESERVATIONS
Section 40E-10.071 - Water Reservation Areas: Upper and Lower Kissimmee Basin Planning Areas
Universal Citation: FL Admin Code R 40E-10.071
Current through Reg. 50, No. 187; September 24, 2024
(1) Upper Chain of Lakes
(a) Lakes Hart-Mary Jane Reservation
Waterbodies, as defined in paragraph
40E-10.021(8)(a),
F.A.C.:
1. Surface Water: All surface water
in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages
depicted in Figure 4-2B and listed in Table 4-2 is reserved from additional
allocations.
2. Groundwater:
Surficial aquifer system groundwater contributing to Lakes Hart-Mary Jane that
is required for the protection of fish and wildlife is reserved from allocation
in accordance with Subsection 3.11.5 of the Applicant's Handbook, incorporated
by reference in Rule 40E-2.091, F.A.C., effective
March 21, 2021.
(b) Lakes
Myrtle-Preston-Joel Reservation Waterbodies, as defined in paragraph
40E-10.021(8)(b),
F.A.C.:
1. Surface Water: All surface water
in Lakes Myrtle-Preston-Joel (Figure 4-3A) up to the water reservation stages
depicted in Figure 4-3B and listed in Table 4-3 is reserved from additional
allocations.
2. Groundwater:
Surficial aquifer system groundwater contributing to Lakes Myrtle-Preston-Joel
that is required for the protection of fish and wildlife is reserved from
allocation in accordance with Subsection 3.11.5 of the Applicant's Handbook,
incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(c) East
Lake Tohopekaliga Reservation Waterbodies, as defined in paragraph
40E-10.021(8)(c),
F.A.C., and Contributing Waterbodies, as defined in paragraph
40E-10.021(8)(j),
F.A.C.:
1. Surface Water: All surface water
in East Lake Tohopekaliga (Figure 4-4A) up to the water reservation stages
depicted in Figure 4-4B and listed in Table 4-4 is reserved from additional
allocations.
2. Groundwater:
Surficial aquifer system groundwater contributing to East Lake Tohopekaliga or
its contributing waterbodies that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
3. Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(d) Lake
Tohopekaliga Reservation Waterbodies, as defined in paragraph
40E-10.021(8)(d),
F.A.C., and Contributing Waterbodies, as defined in paragraph
40E-10.021(8)(j),
F.A.C.:
1. Surface Water: All surface water
in Lake Tohopekaliga (Figure 4-5A) up to the water reservation stages depicted
in Figure 4-5B and listed in Table 4-5 is reserved from additional
allocations.
2. Groundwater:
Surficial aquifer system groundwater contributing to Lake Tohopekaliga or its
contributing waterbodies that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
3. Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(e)
Alligator Chain of Lakes Reservation Waterbodies, as defined in paragraph
40E-10.021(8)(e),
F.A.C., and Contributing Waterbodies, as defined in paragraph
40E-10.021(8)(j),
F.A.C.:
1. Surface Water: All surface water
in the Alligator Chain of Lakes (Figure 4-6A) up to the water reservation
stages depicted in Figure 4-6B and listed in Table 4-6 is reserved from
additional allocations.
2.
Groundwater: Surficial aquifer system groundwater contributing to the Alligator
Chain of Lakes or its contributing waterbodies that is required for the
protection of fish and wildlife is reserved from allocation in accordance with
Subsection 3.11.5 of the Applicant's Handbook, incorporated by reference in
Rule 40E-2.091, F.A.C., effective
March 21, 2021.
3. Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(f) Lake
Gentry Reservation Waterbodies, as defined in paragraph
40E-10.021(8)(f),
F.A.C., and Contributing Waterbodies, as defined in paragraph
40E-10.021(8)(j),
F.A.C.:
1. Surface Water: All surface water
in Lake Gentry (Figure 4-7A) up to the water reservation stages depicted in
Figure 4-7B and listed in Table 4-7 is reserved from additional
allocations.
2. Groundwater:
Surficial aquifer system groundwater contributing to Lake Gentry or its
contributing waterbodies that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
3. Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(2) Headwaters Revitalization Lakes Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(g), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:
(a) Surface Water: All surface water
in the Headwaters Revitalization Lakes (Figure 4-8A; Figure 4-8B; Table 4-8) is
reserved from additional allocations.
(b) Groundwater: Surficial aquifer system
groundwater contributing to the Headwaters Revitalization Lakes or their
contributing waterbodies that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(c) Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(3) Kissimmee River Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(h), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:
(a) Surface Water: All surface water
in the Kissimmee River (Figure 4-9) is reserved from additional allocations in
accordance with Subsection 3.11.5 of the Applicant's Handbook, incorporated by
reference in Rule 40E-2.091, F.A.C., effective
March 21, 2021.
(b) Groundwater:
Surficial aquifer system groundwater contributing to the Kissimmee River or its
contributing waterbodies that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(c) Contributing
Waterbodies: Surface water that is required for the protection of fish and
wildlife is reserved from allocation in accordance with Subsection 3.11.5 of
the Applicant's Handbook, incorporated by reference in Rule
40E-2.091, F.A.C., effective
March 21, 2021.
(4) The reservation contained in this rule and the criteria contained in Subsection 3.11.5 of the "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District, " incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021, shall be reviewed and revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information, including any revised regulation schedules.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Laws Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS.
New 3-21-21. Editor's Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.
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